‘Love Laws’: Legislating Live-ins in Uttrakhand

The implementation of the Uniform Civil Code (UCC) in Uttarakhand, which took effect on January 27, marked a significant legal reform in the country, making Uttrakhand the first state to enforce such a code. The UCC, in theory, aims to standardise personal laws across various communities, addressing issues related to marriage, divorce, inheritance, and now… live-in relationships.

A notable aspect of the UCC is the mandatory registration of live-in relationships, which requires couples to submit a detailed 16-page form along with supporting documents, including proof of age, residency, and previous relationship status. Couples must register their relationship within 30 days of commencement, and failure to do so can result in penalties, including imprisonment of up to six months or fines of up to ₹25,000.

Additionally, if either partner is under 21, parental consent is required, and their parents will be notified of the registration. The UCC also recognises children born from live-in relationships as legitimate, granting them equal rights to inheritance.

However, the requirement for registration and parental notification has raised concerns regarding privacy and individual autonomy, particularly for younger couples. The UCC’s provisions have sparked discussions about their implications for interfaith and inter-caste relationships, as well as the potential for increased governmental oversight in personal matters.

As Uttarakhand sets a precedent, the UCC’s impact on societal norms and legal frameworks in India will be closely monitored, with other BJP-ruled states considering similar measures.

Jargon

Viewpoints 💭

  • The UCC’s mandatory registration of live-in relationships is seen as an infringement on privacy and personal autonomy, raising concerns about governmental overreach.
  • Critics argue that the UCC disproportionately targets minority communities, particularly Muslims, by altering personal laws and practices.
  • The requirement for religious sanction in live-in relationships is viewed as a challenge to secularism and complicates interfaith and inter-caste relationships.
  • Concerns are raised about the potential for social surveillance and data breaches due to the extensive documentation required for registration.
  • The UCC’s exclusion of Scheduled Tribes and its silence on LGBTQ+ relationships are criticised as discriminatory and lacking inclusivity.
  • The left views the UCC’s mandatory registration of live-in relationships as an infringement on privacy and personal autonomy, while the right sees it as a necessary step for legal recognition and accountability.
  • The left criticises the UCC for disproportionately targeting minority communities, particularly Muslims, whereas the right views it as a means to ensure equality and uniformity across all citizens.
  • The left argues that the requirement for religious sanction in live-in relationships challenges secularism, while the right believes it aligns with cultural norms and provides necessary legal clarity.
  • Concerns about social surveillance and data breaches are raised by the left, whereas the right emphasizes the UCC’s role in modernising laws and protecting vulnerable populations.
  • The left criticises the UCC’s exclusion of Scheduled Tribes and lack of provisions for LGBTQ+ relationships, while the right focuses on the UCC’s empowerment of women and children through inheritance and maintenance rights.
  • The UCC is seen as a step towards gender equality and legal uniformity, providing equal rights and protections for all citizens regardless of religion.
  • Mandatory registration of live-in relationships is viewed as a means to formalise these unions, ensuring legal recognition and accountability.
  • The UCC aims to modernise laws and protect vulnerable populations, aligning with changing societal norms and promoting equality.
  • The initiative is perceived as fulfilling a longstanding goal of the BJP to implement a uniform civil code, promoting national integration.
  • The UCC’s provisions for inheritance and maintenance rights are seen as empowering women and children, ensuring their legal protection.

Prominent Voices 📣

  • Abhishek Singhvi (Congress spokesperson): Criticises the UCC implementation as a pilot lacking consensus and questions its state-specific application. 1 2
  • Geeta Luthra (Senior Lawyer): Criticises the mandatory registration of live-in relationships as infringing on privacy and personal autonomy. 3
  • Sanjeev Chopra (Former IAS officer ): Highlights the exclusion of the LGBTQ+ community from the UCC, emphasising the need for inclusive legal recognition. 4
  • Dr Saumya Uma (Professor at OP Jindal Global University): Criticises the restitution of conjugal rights provision as regressive and harmful to women.
  • Garima Mehra Dasauni (Congress spokesperson): Criticises the UCC for not aligning with constitutional principles and undermining minority rights. 5
  • Amit Shah (Union Home Minister): Emphasises the BJP’s commitment to implementing UCC nationwide, criticising Congress for supporting personal laws. 6
  • Pushkar Singh Dhami (Chief Minister of Uttarakhand): Emphasises the UCC as a constitutional measure to ensure equality, empower women, and contribute to national development. 7 8
  • Manu Gaur (Member of the UCC Rules Committee): Clarifies that religious certification is only required for “prohibited relationships”, emphasizing the UCC’s facilitative intent. 9 10
  • Ajay Alok (BJP Leader): Stresses the constitutional basis of UCC and views Uttarakhand as a pilot for broader adoption. 6
  • Manisha Kayande (Shiv Sena Spokesperson): Supports UCC as a progressive measure to address injustice and promote equality. 6

Sources 📚

1
ABP LiveUttarakhand To Implement UCC Today: This Is How It Will Impact Marriages, Live-In Relationships
2
informalnewzUCC implemented in this state, now new rules have come for live-in relationships, know everything here
3
Al Jazeera EnglishIndia’s BJP-ruled Uttarakhand implements ‘totally biased’ common civil code
4
ThePrintUttarakhand UCC regulating live-in relationships has a positive side too
5
News9 LIVEImplementation of UCC in Uttarakhand sparks major protests from Muslim community and political opposition
6
NDTVUttarakhand Is First State To Enforce Uniform Civil Code. What Changes
7
MintProof of past relationships & religious certificates – the Uttarakhand UCC rules for live-in couples explained
8
HerZindagi EnglishUttarakhand Enacts Uniform Civil Code: What’s In It For Live-In Couples
9
Evrim AğacıUttarakhand Enacts Landmark Uniform Civil Code For Live-In Relationships
10
NDTVReligious Certificate Required Only If Live-In Partners Related: Uttarakhand Civil Code Panel Member

Subscribe to Our Newsletter!

Stay informed and engaged with the latest political discourse by subscribing to our newsletter.

×